wind seeker a bit of a rest. bill: that's right. wonder if you can tweet from up there? martha: would you like to try to find out for us? bill: i'm off to the battleground state of ohio. see you monday. martha: see you monday. have a good trip. we'll seal you back here tomorrow. "happening now" starts right now. jenna: right now brand new stories and breaking news. jon: all fired up and ready to go with a new more aggressive strategy, governor romney ready to hit the battleground states hard. the plan comes after concerns expressed by members of his own party. we'll break it all down. for days the administration saying the deadly attack in libya was quote, spontaneous. now the counterterrorism chief publicly calls it an act of terror. will there be any political fallout? some signs already there we'll host a fair and balanced debate. if you want to lose weight you have to work out

really really hard, right? new study says no way. vigorous sabotage might hurt your efforts. breaking noougs all "happening now." fox news alert and brand new fallout in the "fast and furious" investigation i'm jon scott. uma: i'm uma pemmaraju. in for jenna lee. just hours after owe issued a report on the botched gun-walking sting where he faulted the doj for errors in judgment, management, failures and misguided strategies for the atf sting operation that sent weapons into mexico in the hopes of tracking them to the drug cartels. instead hundreds of guns vanished. and two of them turned up at the scene of a bloody shootout that claimed the life the u.s. border patrol agent brian terry. william la jeunesse has been following the story from the very beginning and he joins us now live from

los angeles. william, what did this long-awaited report actually find? >> reporter: well the inspector general's review revealed a stunning litany of what was known and ignored. atf agent and the u.s. attorney's office knew who was buying the guns, where they were going and they were killing people in mexico. they had the evidence to seize the weapons and make arrests but dozens of u.s. officials chose to do nothing. that irresponsibility according to the inspector general michael horowitz existed up and down the chain of command in "fast and furious" and lesser extent in a small and earlier operation, wide receiver. >> we concluded that both operation wide receiver and operation "fast and furious" were seriously flawed and supervised irresponsibly by atf's phoenix field division, by the u.s. attorney's office, and by atf headquarters. most significantly in their failure to adequately consider the risk to the public safety in the united states and mexico.

>> reporter: now the report found that attorney general eric holder was not briefed on operation "fast and furious" but he should have. lanny breuer, the chief of the criminal division failed to tell holder, and for that he should face some kind of a performance review. yesterday however, holder admonished but did not fire brewer. deputy attorney general jason weinstein immediately resigned yesterday because the report said he should have known and could have stopped the gun trafficking operation. the report recommends 14 officials do face discipline but yesterday holder cleared two of his inner circle including his chief of staff even though both failed to tell him that the shooting of border agent brian terry was linked to "fast and furious". uma. uma: william, what are some of the main points that have come out this morning? >> reporter: number one the wiretap applications were not read. those are critical. contrary to what the ag testified those applications, even the cover sheets raised red flags but again were

ignored. secondly that the inspector general received 100,000 documents mostly from the department of justice and chairman issa says all of those were important and that supports his contention that the administration stonewalled congress. finally, that we know that other agencies knew about "fast and furious" but the inspector general was prevented from speaking to officials at the white house and homeland security. here's chairman issa. >> nothing in this report vindicates anyone. if you touched, looked, could have touched, could have looked, could have asked for information that could have caused you to intervene, to complain, to worry, to talk to people, and you didn't, and you are in our government or even if you aren't in our government but were aware of it, you fell short of your responsibility. >> reporter: now this report, while praised by both sides has not ended spin of

partisanship. republicans continued to hammer lanny breuer to say in essence he should be fired because he knew about gun-walking in april 2010 in the middle of "fast and furious" but chose to tell know one and allowed letters that go out and misled congress. democrats said, hey, wide receiver is out there, while "fast and furious" could be bad and happened under the bush membership station, is equally bad, so that continues. uma. uma: william la jeunesse. thank you very much for the update. >> this dream is alive and well whether it is slowly spot erred by a government that becomes more intrusive and takes away free people. i will protect this country's freedom. we will protect the american dream for ourselves and our children. [applause] we have behind us a number of men who served our cause of freedom. and i -- [cheers and applause]

you know the greatest generation are all around us. >> usa! usa!. jon: that seems to be a new tact from governor mitt romney as the republican presidential nominee unveils a more aggressive campaign strategy but it is not only mr. romney who is getting all fired up. his team reportedly turning up the tempo of his campaign adding more stops in key battleground states. so what's going to be the net effect? joining us a.b. stoddard, the associate editor of "the hill." you've been very critical of mitt romney and comments, the 47% comment that came out on tape earlier this week. he seems to be taking a newer, more, new, more aggressive strategy in the campaign. is that what he needs to do? >> well, i think it's about time. i think adding events to his calendar, going to the battleground where this election will be decided is really important. i also think mitt romney, as he adds this new seam of government dependency versus

economic opportunity to his stump speech which is knew if you've been listening to the stump speech all along he has to find a way to talk about job creation because who are the new voters he needs to get under his coalition? he secured the vote of all americans who are disappointed enough in president obama's record that they want to vote against him whether they like mitt romney or not. those votes are in the bag. he has to win this election, winning over remaining undecideds. to secure the votes he will have to talk about job creation. he has to talk about how he will create 12 million new jobs. how he gets us out of a rut and why he feels so positive about his leadership. he has to sell himself. the way to do that is to be out more, to be more specific and more emphatic and more enthusiastic. thus far he hasn't done good enough job of selling his message. if he had he would be ahead of an unpopular president in a bad economy in the polls. jon: on that score you write this, most astounding through one poor jobs report after another in the worst

economy in the, i'm sorry in the worst recovery the country has ever experienced, romney has the, i'm sorry, we're trying to get this up on the screen. romney has managed to erase his own advantage on who is best equipped to improve the struggling economy. polls show romney has eroded this critical edge, as romney has eroded this critical edge, optimism about the economy and obama's leadership has grown. many in the romney campaign, ab, thought that just the state of the economy might propel him to the white house but the president is drawing even with or even eclipsing governor romney on stewardship of the economy. >> you know i find this just inexplicable i agree the romney campaign has predicated their strategy all along on referendum election in a terrible economy and a president who is unpopular. his policies have been very unpopular and then in the end they thought this fall

independents would break their way toward the challenger as in other elections and romney would win perhaps by a large margin. the job reports don't change. they're unsatisfactory or depressing month after month. president obama has not begun any new economic policies. we don't see economic improvement. maybe a few green shoots as he likes to call them in the housing market. nothing has turned around the attitude of economy. if you look inside the polls, advantage romney had, he was credible enough to be steward of this economy and lead us into a better recovery, that advantage is gone. i just have no idea how romney has let this slip away as president obama is now seen as, as more credible on the economy than he was three months ago. again with nothing happening and also why we see the right track numbers, which are still bad, better than they have been since 2009. jon: you write that new themes, this newer, tougher campaign, more, you know,

more boisterous campaign, new themes are hard to launch seven weeks out. the conventional wisdom i always heard that most people aren't even paying attention to the campaigns until right about now. >> well, the obama campaign decided all along that they would invest their money early. that they don't, they disagree with the romney campaign. they decided to define mitt romney early, spend their money early to diminish his opportunities, to change the narrative in the fall. romney team thought different are, the exact opposite. no one pays attention to the fall. there is early voting underway and obama team is very happy with how they spent their money, how they defined mitt romney with the bain capital commercials in ohio where they're up seven points and they're very happy with the way they decided to sort of frame this race early on because they thought people were paying attention. romney is looking at 1980 reagan model for a last minute victory and they're looking at a george bush 04. jon: ab stoddard from the hill.

thanks. interesting noll says. >> thank you. uma: fox news alert. hundreds of college students taking to the street in the fifth straight day of demonstrations in pakistan. they're talking about the anti-islamic film produced in the united states. chanting anti-americanans and bd israeli flags. meanwhile the department of state reviewing warning widespread unrest could pose an increased threat for americans in pakistan. u.s. citizens are being advised not to travel there unless absolutely necessary. new information on the attack on the u.s. consulate in libya that left four americans dead. sources are telling fox news they are convinced the attack in benghazi was directly tied to al qaeda and they believe a former detainee at the u.s. detention center in guantanamo bay may have led the assault. chief intelligence correspondent catherine herridge joins us live from washington of the catherine, we learning about the former detainee? what do we know now?

>> reporter: good morning ub ba. according to the file sufyan qumu had direct ties going back to 1993 when he traveled to afghanistan and trained at bin laden's camp. in addition to the 20 year relationship with the al qaeda leader, qumu is tied to a. the assessment states, quote the libyan government considers the detainee a dangerous man who has no qualms about committing terrorist acts. fox news is also told that there are small scale camps run by extremists in libya, while not established training camps like we once saw in afghanistan prior to 9/11 the zones of activity we're told are around benghazi where the attack on the consulate be took place, darnah. and southwest libya. the u.s. intelligence community are watching side for aqim is forming terrorist training camps in

libya similar to what they had been doing in the west and northern mali. uma. uma: catherine, how is the administration explaining this disconnect? >> reporter: look, terrorism is described as an act of violence to promote a political end. hear is the exchange we heard before the senate homeland security committee on wednesday. >> let me begin by asking you whether you would say that ambassador stevens and the three other americans decide as a result of a terrorist attack? -- died as a result of a terrorist attack? >> on that particular question i would say yes, they were killed in the course of a terrorist attack on our embassy. >> reporter: there is no white house briefing today because the president is on the road. but on wednesday just two hours after the head of the national counterterrorism center matt olsen called benghazi a terrorist attack the white house still suggesting that the act was spontaneous. >> as i said last week, as the, our ambassador to the

united nations said on sunday and i said the other day based on what we know now and knew at the time, we have no evidence of a preplanned or premeditated attack. this, however, remains under investigation. >> reporter: but take a look at this video shot by the reuters news service the night of the attack in benghazi. it describes the men here carrying rpg'ses as ex-rebels. as you see there is no you no sign of a significant demonstration. in other words this was not a demonstration that somehow spun out of control and led to the assault on the consulate. as we were first to report here in fox, there was no significant demonstration outside that consulate at 9:35 in the evening when the attack happened, uma. uma: some very disturbing revelations indeed. catherine, thank you very much. >> reporter: you're welcome. jon: president obama's past getting new scrutiny by the "washington examiner" in and in depth piece hitting today. we're live with details from

that story. uma: brand new health concerns about rice after a serious warning from "consumer reports." what the fda has to say about this coming up next.

jon: "happening now", president barack obama's background. back in the spotlight as he seeks re-election. doug mckelway live in washington with details from an investigative piece from the "washington examiner". doug? >> reporter: that's right, jon. the examiner special report on president obama is the result of a four-month long investigation by the newspaper. and it challenges the some widely-held assumptions about the president. it found that contrary to the narrative that obama was a reformer during his political apprenticeship days in chicago many saw him as a part of the chicago political machine. for all of his critics on the right community organizer obama left many colleagues on the left disheartened. the late radical journalist said quote, what we see the chicago core of the obama coalition is made of blacks

who moved up by moving poor blacks out. anna catter a neighborhood activist singled out the president's closest aid valerie jarrett. she was ceo of habitat company a real estate firm made millions of dollars in part leveraging programs like the low-income housing tax credit with subprime lending to poor people. carter said quote, they were never interested in poor people. they would sell poor people a bill of goods. >> developers would profit from it. political activists and political candidates like obama himself would receive votes and of course political contributions. and it was a win-win for everybody except the poor people. >> we are five days away from fundamentally transforming the united states of america. >> reporter: some argue that president obama won office on his strength as a reformer but the examiner found as a state senator he rejected overtures to reform the chicago machine, quote, he made it pretty clear he wasn't interested in risk-taking or challenging

the chicago machine's lock on a lot of mechanics of government in cook county in chicago. said one frustrated former colleague. later this afternoon we'll look how the examiner found that rather than fight the chicago machine, state senator obama embraced it and then as president, brought a lot of it to washington. jon? jon: interesting. doug mckelway in washington. the thanks, doug. uma: well the health care law penalty tax now it is estimated to hit millions more americans than originally thought. how many people could be paying up and how much will it cost? plus a woman caught on tape, take a look at this, picking a fight with a teenager. what it was all about, and the charges that she is now facing.

uma: welcome back, everybody. right now, new information about the health care law

showing that the individual mandate tax could hit two million more people than first estimated and six million will likely have to pay the penalty for not buying health insurance. liz macdonald of the fox business network is joining us now on this. elizabeth. the fallout continues. >> reporter: good to be with you, uma. the congressional budget office says more americans will have to pay the health insurance mandate tax than expected, 6 million more people at higher cost of $8 billion a year. that is two million more people than the cbo initially estimated in 2010 after the law was enacted. and that the tax will cost up to $5 billion more per year than initially thought. the tax is expected to cost an average $1200 each for every american without insurance. moreover the cbo now says the new insurance mandate tax will hit the middle class, this is a finding that the white house not yet commented on, the cbo analysis say 80% of the 6

million expected to pay the tax sit in the middle class, that means families earning 1 it,000 a year. families earning 98,000 bucks a year will fork over the new tax. the reason for a jump in americans paying the tax, more unemployed people and a new law lets state opt out of the law for medication expansion and that triggers the tax. cbo says the vast majority of 30 million uninsured, up to 19 million people will be exempt from the new mandate tax. that is because the government will likely grant exemptions for not just poor and indian tribes but individuals claiming the tax creates hardship or it violates religious beliefs protected by the constitution. that leaves about the six million people out of the three million uninsured paying the new tax. that is basically leaving analysts what the supreme court fight was all about. back to you, uma. uma: thank you very much. jon: a florida mother is facing charges now after police say she picked a

fight with a teenager, even chasing him onto a school bus claiming he bullied her son and all caught on tape. rick folbaum with the story and pictures. rick? >> this woman's 15-year-old son was apparently a target of bullies according to the woman and she would do something about it. watch felicia phillips confront a 17-year-old at her son's bus storm. you see them arguing. phillips pushes the teenager in the face. he slams her to the ground. the bus pulls up. phillips confronted the 17-year-old because she believes he was instigator in an attack on her son the day before, encouraging another student to go after the son. phillips followed the boy on the actual bus. that is why she is in so much trouble continuing the fight on school property. she eventually got off the bus. she is charged with trespassing and with child abuse. here is felicia phillips. >> got someone to jump on my son yesterday. this has been going on for a

while. always getting other people to jump on my son. >> everybody day he getting somebody else to fight his own battles. >> i got heated [bleep]. and i smushed him in his face or whatever. >> do you worry you're setting a bad example for your son or other kids on the bus? >> no. if someone is you will about bullying them they need to stand up for themselves. >> the bus driver reported what happened. phillips was arrested and released on $2500 bond. she says she has no regrets for what she did. we will see what she says in front of judge when she makes her first court appearance. jon: rick folbaum thanks. uma: sober images. thank you. we're learning more about an attack at the u.s. consulate in libya and now a official calling it a terrorist attack. there is new questions for the political fallout from the white house over president obama's handling of the middle east crisis. our panel will be debating that next. plus shocking new information about weight loss that could change

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first time. now that goes beyond what we originally heard from susan rice, the u.s. ambassador to the u.n. and white house press secretary jay carney who called the attack spontaneous. matthew olsen, director of the national counterterrorism center testifying before a senate committee saying officials are investigating a link to al qaeda or al qaeda affiliates. and now we're looking at the political fallout from the attack in libya. a new wall street journal/nbc news poll finding 49% of americans approve of mr. obama's job performance on foreign affairs. 46% disapprove. that is a five-point drop in approval from the month before and a six-point rise in the president's disapproval numbers. his approval rating on handling of foreign policy also below 50% for the first time since april 2011, just before the president announced the death of usama bin laden. here for a fair and balanced debate on all this, angela

mcglowan, political analyst and donna genteel. advisor. donna, you're a member of the administration. why would they make this turn-around? why after insisting all this time that this was just a spontaneous demonstration, why all of a sudden is it now a terror attack? >> well, i think what's been very clear from the outside -- outset there is ongoing investigation by the libyan government and in cooperation with the united states. we very much, i think have made substantial investments in this country and that is probably best, that find expression in the important contributions that were detailed in today's "washington post" by the prime minister, the first prime minister, who talked very compellingly in this piece about the contributions of the ambassador of chris stevens. so i think that everyone is loathe to rush to judgment

about what prompted this, what really drove it, and an investigative process is absolutely essential to producing better information on what occurred, so that the investment that we've made in libya can be, can produce the kind of outcome that we all need. >> donna you've given --. jon: angela is not talking about a rush to judgment here. there is difference to rush to judgment and willful blindness than what took place. >> donna gave a better explanation than carney and u.s. ambassador susan rice. they basically said because of this videotape, jon. clearly with everything that is coming out it's not. if you look at the timeline where we had installations, diplomatic installations attacked in june. we find out there was a report in august that some part has been unclassified where there were reports that there were increased dangers in libya and in yemen, and the u.s.

ambassador, to libya, also said that he was very concerned about his safety in libya. so donna, you gave a better explanation. when you have our u.s. ambassador to the u.n. say that these attacks were spontaneous and that these attacks were due to a videotape, that is not a great explanation. jon: the president, we have been told, or we have learned recently from some reporting in "the washington post", has been skipping the personal daily intelligence briefing more than of ha the time. now jay carney from the white house press office said, oh, he reads them instead but doesn't give the give and take every day. why should the american people, donna, why should they not be concerned about that at a time like this? >> the american people have every right to be concerned, and i think that is expressed in the polling data that you first presented. you know there is a lot of

jitteriness in the american public about the circumstances in the middle east. with respect to the specifics, i mean i would point out that in yesterday's "washington post", and i certainly feel this way, but george will really gave expression to this in the most meaningful way i've seen so far and that is that these insurgencies are predicated on the collapse of crumbling regimes and hierarchyes and they have ignited complex sectarian and tribal power struggles. sometimes anti-american system used in these power struggles. it is very important none of us rush to judgement but be engaged into deliberative process. >> donna, no one is rushing to judgement here. we listened to the spokesperson of the white house carney. we've listened to our u.n. ambassador and basically they said it was because of this videotape and now we're finding out that it's not. and listen, when you listen to this administration, for

the last couple of years, they have not mentioned the war on terror. they have not talked about it extremist jihadist. the bottom line we've seen that these attacks are connected to al qaeda. and george w. bush attend, jon, every intel meeting dealing with national security every day. he did not miss one of the and to have our commander and chief read about it instead of sitting there and listening to the experts, that's a problem. jon: well, that may be the reason for some of the softness in the president's handling of foreign policy as reflected by that "wall street journal" poll. donna o'donnell, angela mcglowan, thank you both. >> thank you, jon. >> thank you so much. uma: the house is gearing up for a rare vote to disapprove an action by the health and human services department which offered to waive the work requirement under the welfare reform law. jim angle is in washington with more on this. jim, this waiver has raised all kinds of eyebrows in

washington. >> reporter: you bet it has, uma. the gop goes into today's vote armed with two reports from the government accountability office. one saying hhs does not have the legal power to waive part of the law and the second issue just yesterday that says no previous hhs secretary under presidents of both parties have ever claimed the right to waive it. listen. >> if we allow the president to get away with this then that means they could amend any statute by just going ahead and ignoring what the, what the differences are between the senate, house and presidency. and just completely ignore the law. >> reporter: now the most recent gao finding says quote, hhs has never before granted waivers of program rules. hhs previously told states that no waiver authority existed. only the obama administration has claimed this authority. now hhs has argued the states such as utah asked for waivers but utah only asked for waivers for that are reporting requirements

which it said was draining resources from putting people to work. republicans in both houses are sending a signal with today's vote that the administration has overstopped its authority and should have submitted any desired changes to congress. hhs said it would only waive some aspects of the work requirement if the overall number working actually increased but republicans say they can do that without waiving the work requirement in the first place. seems unlikely senate democrats will allow a vote on the same motion introduced there though it is likely to pass the house today. in any case lawmakers want to make the point that the executive branch can't unilaterally change the law without coming to congress first. uma? uma: jim angle, great to see you. thank you very much for the update. >> reporter: yes, ma'am. jon: a jury awards a denver man more than $7 million because he says the popcorn that he ate made him sick. the colorado man took on the popcorn company and supermarkets that sold the snack. our legal panel weighs.

fallout from the "fast and furious" scandal. a house committee is holding a hearing now into the botched gun-walking program one day after an investigation revealed who knew what about the operation at the justice department. james rosen, with the details just ahead. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

uma: welcome back, everybody. right now a colorado man awarded more than $7 million after he claimed the fiber-optics of popcorn gave him a rare respiratory disease known as popcorn lung. the 59-year-old denver man said he developed chronic condition after inhaling aroma from the popcorn he used every day. he sued saying think should have put a warning label on the package that the flavoring creates dangerous fumes. >> they did no testing whatsoever to say the consumer would be at risk.

only experiment they did was sell the product to see what happens. well they rolled the dice and lost. i haven't eaten a bag of microwave popcorn since february of 2007. i don't hardly ever ate popcorn anymore. occasionally, once in a while we'll pop some on the stove the old-fashioned way. uma: there you two go. let's bring in our legal panel. gentlemen, great to have you here. this guy says he ate two bags of microwave popcorn for years and fumes set him off and gave him this horrible condition. randy, what is your thought on this? >> my initial thought is i would love to take all the jurors, hook them up to lie detector, give them sodium pentathol, now what was the real reason why you gave this guy 7 million bucks? was it because the evidence showed you and convinced you that in fact the companies were liable, damaged this guy to the tune of 7 million bucks? we're like you know

what? these companies, billions and billions of dollars. what is 7 million bucks? just enough already. and i would respectfully submit i think it was latter. they were sending a message to big business, wrong message. uma: interesting though. but there is a chemical i believe that is found in this particular, in microwave popcorn and that is a factor that they the defense was arguing that is, i mean people were arguing this is what caused the condition and there is a direct link. >> absolutely. and you think it's important to point out this is not a new concept. there's been several, seven and eight-figure verdicts against the microwave popcorn industry dating back until about 2004. most of them have been brought by people who work in the factories and inhale the chemicals in the line of production, but keep in mind, i mean a trial occurred here. none of us were at the trial. none of us sat through it.

presumably they had expert testimony. presumably they had medical testimony. and a jury of this individual's peers heard all the expert evidence that was presented and determined the manufacturer was at fault here. we have to give that some respect here. uma: in other cases were they exposed to chemical quite some time for hours and hours? >> terrific point. let's inject a little bit of common sense into this and look for what it is. in those other cases few and far between, talking about factory workers inhaling the stuff from the moment they get into the factory until the moment that they leave, five days a week. this guy is eating two bags of popcorn a day. talking about an industry where three billion, billion bags of 307 corn are sold. this seems to be the only guy whoever had this kind of condition, a guy who since he stopped eating popcorn, lost 50 pound. a guy who by the way, worked, his living was a professional carpet cleaner. you want to talk about hazmat, hazardous chemicals,

stuff that could do damage to your lungs as opposed to the chemical that appears naturally in butter, butter products, beer and wine. you don't see people who drink lining up. uma: just a few seconds left. this will open the door to all kinds of folks who want to come forward, people work at movie theaters, people who sell microwave popcorn say, hey i have a problem too. >> look. that is what trials are all about. none of us know what the threshold for this chemical is. if it is too much to inhale in factory, perhaps too much to eat it twice a day out of a bag of microwave popcorn. we don't know. while we rail against the verdict, keep in mind that is a large verdict but that is the essence of punitive damages. you take a multimillion, multibillion dollars industry, you fine them a thousand bucks. it doesn't alter conduct. 7 million, people start listening. >> appreciate your insights. thank you. >> thanks. jon: from dangerous popcorn fumes to dangerous rice. "consumer reports" magazine

publishing a new study on levels of arsenic in rice. is it time to throw out one of the world's diet staples? we'll hear from the food and drug administration. slackers rejoits. -- rejoice. while going the extra mile at the gym might not help you lose more weight.

jon: an alarming new report about dangerous levels of arsenic in rice. "consumer reports" magazine is warning this type of arsenic is linked to bladder and lung cancers. rick folbaum is on that for us. rick? >> reporter: jon, no need to stop eating rice, we want to say that right off the bat. the fda says there is no evidence that rice is not safe to eat but the agency does say it's considering new regulations that would limit the amount of arsenic that can be present in food and rice, because of where

and how it grows in water on the ground, is thought to have more arsenic than other foods. we're talking about long, short grain rice, rice that is in cereal and drinks and rice cakes. arsenic of course is a carcinogen. the respected magazine, "consumer reports", is now calling on the fda to decide how much of it is safe for to actually consume. rice farmers, don't like this. they put out a statement saying we understand arsenic is an alarming word. but we believe it is important for consumers to know that arsenic is a naturally occurring element in our air, water, rocks and soil. from the usa rice federation which also says u.s. growers don't use any pesticides that contain arsenic. the fda says it is doing its own independent study on rice and arsenic levels and will issue results at the end of this year. back to you, jon. jon: rick folbaum, thanks. uma: well it may be time to rethink everything you thought you knew about working out a new you had

study suggesting when it comes to exercising for weight loss, less is actually more. don't start celebrating just yet. you may also have to put in more effort outside the gym to drop unwanted pounds. dr. lee vinocur, adjunct professor at lsu health science center. great to have you here. >> thank you. good to be here. uma: a lot of people will look at this and say, wow, maybe i don't have to work out as hard as i've been doing and i can reap the benefits from such a thing. what do you think about the study from denmark? >> finally some validation for people who don't want to push themselves too hard, myself included. no, it is an interesting study. they looked at young men, so hard to extrapolate for women because we have different metabolism. what they found that looked at a yup that exercised for 30 minutes, instead of "60 minutes", burning only 300 calories, versus 6 hundred calories, the group that exercised for 30 minutes and burned 300 calories actually lost more weight than the other group that exercised

more strenuously. so. uma: when you take a look at that, also findings show that strenuous exercise over time contribute more to gaining more muscle strength as opposed to actually losing calories, isn't that correct? >> yeah. so you have to look at what the weight is because you're right, muscle weighs more than fat. what they also found they put monitors on these volunteers and looked at their activity outside the dpim gym, and the ones that exercised and worked out more strenuously they moved around less when they weren't at the gym and tended to eat a little bit more as opposed to the moderate exercisers who were invigorated, reported being invigorated, moved around a lot more when they weren't exercising and they didn't eat more calories. so i think that is part of it too. but it was a short term study, only 13 weeks. so it is hard to extrapolate. this is men, not women. uma: certainly verying

interest study indeed. it will be very interesting also to see if they do it how it affects women to see if the results are the same. >> yes but it's been shown over time what you eat and your diet why much more important in the obesity epidemic how you lose weight as opposed to exercise alone unless you're an elite athlete like michael phelps swimming miles and miles at a single work yoult. it is your diet that is more key to that. uma: absolutely. doctor, thank you very much. >> thanks for having me. jon: speaking of diets, a pudgy pooch, uma, inspired thousands of people to get healthy. uma: that's right. meet obe, the obese dachshound. he weighs 70 pounds. not for long. his owner adopted him a month ago and promised to save his life by helping him lose weight. thanks to a diet high in protein and fiber.

he has lost 10 pound and while losing weight he gained friends and thousands tracking his progress on facebook. his target weight is 40 pounds. he is really cute pooch. jon: he will be a pencil of a sliver of his former self if he gets down there. good for him. a hearing set to begin in the colorado movie massacre. prosecutors expected to make their case for access to a notebook that shooting suspect james holmes sent to a university psychiatrist. we're live live at the courthouse.

>> reporter: hi, everybody, rick folbaum in the control room, new stories we're working on on "happening now," including on capitol hill where lawmakers are hearing from the inspector general on and furious scandal. we have a live preview of that coming up in just a couple of minutes. >> also this hour, another court date for james holmes, we'll

tell you what prosecutors are trying to get their hands on and how it could impact their case. and president obama has told voters in one u.s. state that if you help us win here, we win the whole enchilada. does virginia hold the key to victory for the president or governor romney? an in-depth look at the contest in the old dominion state. that and breaking news as the second hour of "happening now" starts right now. jon: the long-awaited watchdog report on operation and furious hailed on capitol hill as a step in the right direction. welcome the second hour of "happening now" on this thursday, i'm jon scott. i'm i'm and i'm in for jenna lee. the house oversight committee taking testimony from the inspector general for the justice department. chairman darrell issa saying the ig's report confirms what his committee has known or -- for some time, that the justice department let the country down.

disregarding public safety. two of those guns found at the scene of a shootout that killed u.s. border patrol agent brian terry. chief washington correspondent james rosen joins us live on capitol hill with more. james? >> reporter: iew ma, good afternoon. republican lawmakers have been using the hearing principally to disclose bad decision making by top members of the staff of attorney general eric holder while democrats are trying to draw bright exculpatory lines around the attorney general himself. michael horowitz has been the sole witness by the house oversight and government reform committee. he's been careful both in his testimony and in his 471-page report issued yesterday to strike a bipartisan tone. he's been focusing not just on operation fast and furious which commenced in october 2009, but also on its gun-walking predecessor, operation wide receiver, which was conducted with some similar results under the bush era. among horowitz's key findings,

that the atf in phoenix and key officials within the u.s. attorney's office exhibited a disregard for the safety of individuals living on both sides of the border, that senior officials in the justice department while reviewing applications for wiretaps in the case ignored red flags about how poorly operation fast and furious was being managed and that senior aides to holder knew or should have known that doj had provided false information to congress about fast and furious well before the department took steps ten months after the fact to correct that information. >> the fact that the deputy director could see the need for an exit strategy in march of 2010 and not receive it and review it until 2011, i think, speaks volumes about what happened here in terms of failures of oversight. >> reporter: another key point is the conduct of the head of doj's criminal division. assistant attorney general lanny breuer whose knowledge of various aspects of the case and its aftermath have emerged as critical points of discontent.

>> it's crystal clear. the head of the criminal division was down there pitching the mexican government that we ought to be doing more of this. that's why it continued. because the person in charge was advocating for it. >> reporter: already in the wake of the horowitz report one senior doj official, deputy assistant attorney general jason weinstein, has resigned. he is the deputy to lanny breuer. it will be interesting to see in the wake of the report and this hearing whether republicans seek to ratchet up the pressure for breuer himself to resign. >> and we'll have more on this when iowa senator chuck grassley

joins us in 30 minutes, he's the ranking republican on the judiciary committee. jon: republican presidential nominee governor mitt romney kicking his campaign into high gear. the associated press reports the republican nominee will begin a more aggressive schedule of campaign events in key battleground states. governor romney also refocusing his message saying he and president obama both care ant the poor and mid -- about the poor and middle class, but the president's policies have not worked for them. >> the choice is pretty stark. the president cares a about the people of america, i care about the people of america. but he doesn't know what it takes to help the people of america, and i do. i'll get 'em working again with a brighter, prosperous future! [cheers and applause] jon: the romney campaign is still finalizing events for this weekend and early next week, but a campaign adviser says romney's itinerary will be marked by an

intense schedule of public events in these last seven weeks before election day. also, president obama is heading to florida. his first stop this afternoon in coral gables, suburban miami, where he will take part in a town hall meeting hosted by univision. he will be facing questions by journalists. salinas just as governor romney did yesterday. while in florida, the president also will attend a $20,000-a-plait fundraiser at the home of a supporter in tampa. uma: democrat tim kaine and republican george allen are facing off in the first of three debates. polls are showing the two candidates in a neck-and-neck race, today's debate hosted by the fairfax county chamber of commerce. it has become one of virginia's most anticipated election traditions. the chamber of commerce debates are known for creatingeak momenr candidates.

jon: the colorado movie massacre now, a hearing is underway at this moment in centennial, colorado, at the courthouse there. prosecutors looking to get access to a notebook sent by shooting suspect james holmes to a university of colorado psychiatrist. dan springer is live at the courthouse in centennial. why is this notebook so important, dan? >> reporter: yeah, jon, the holmes hearing began about an hour ago. no cameras in the courtroom, but we did get some video of both the sides of attorneys showing up outside just about an hour ago. that notebook could be very important because it could show a motive, and perhaps more importantly in this case, it could help prosecutors prove that james holmes was sane at the time of the shooting rampage. what's being fought over in court today is whether dr. lynn fenton was still technically treating holmes when he mailed that notebook to her the day before he allegedly murdered 12 people and injured 58 others. she testified on august 30th that she only treated holmes one

day, june 11th, and the doctor/patient relationship ended that day. she actually went to campus police and asked for a criminal background check to be done. the defense argues the relationship was not over, and the notebook is privileged material. holmes is expected to plead not guilty by reason of insanity. that notebook may contain a confession of sorts. >> it all comes down to mental state. if holmes makes a firm of comments, that's anger, that's a form of revenge, that's common to murder defendants. the defense needs to argue this is uncommon, this is insanity. he didn't know what he was doing. >> reporter: today's hearing's expected to last all day although there have been a couple of tweets from a couple of news organizations that the prosecution has given up its attempt to get its hands on that notebook, jon. jon: but doesn't the prosecution have other evidence to prove he was sane at the time? >> reporter: prosecutors have a lot of evidence, jon, and it

starts with the sheer amount of planning that went into this massacre at the theater. he bought four guns and 6,000 rounds of ammunition in the two months leading up to it. he wore body armor. he wrote in an online chat group asking people if they would, quote, visit him in jail. and then there's his apartment. he booby trapped it with wires and ten gallons of gasoline. it all can go to the premeditation and knowing right from wrong, but with this case likely being a death penalty case, the prosecution wants to be extra thorough. in fact, there were ten additional charges that were filed today and will be discussed in court. that brings the total 152 charges now being faced by james holmes. jon? jon: all right. dan springer in seven sustain y'all -- centennial, colorado, thank you. uma: governor mitt romney taking a lot of heat from the media for criticizing the obama administration. up next rich lowry of the national review tells us why he

thinks governor romney was right on this. plus, a major airline canceling hundreds of flights. what's behind the travel nightmare for so many folks out there? hint: it's got nothing to do with the weather this time. oh no, not a migraine now. try this... bayer? this isn't just a headache. trust me, this is new bayer migraine. [ male announcer ] it's the power of aspirin plus more in a triple action formula to relieve your tough migraines. new bayer migraine formula.

uma: welcome back, everybody. well, american airlines canceling more flights today. american's parent company dealing with a flood of maintenance problems during an ongoing contract dispute. rick folbaum is joining us with the latest on this story and, rick, of course, the fallout happens to be on the passengers who are dealing with lots of headaches today. >> reporter: yeah, things are a mess at american airlines and american eagle, owned by the same parent company. labor problems between the airlines and its pilots have actually led to the cancellation of 300 flights in the week. the pilots are unhappy with contract talks, they're calling out sick, and that's the main reason for what's going on. american airlines is bankrupt, trying to reorganize to get

profitable again. both american airlines and american eagle owned by amr corporation. the company is trying to cut about a billion dollars in operating costs, and it's reworked its contracts with eight of the nine unions that represent their employees. the pilots' union, though, is the lone holdout. now, the union says that pilots are not engaged in any kind of an organized revolt against the company. they blame management for all of the operational problems that are going on. meantime, customers can't be happy. canceled flights, major delays with those that aren't canceled, and for a compy trying to climb out of bankruptcy, uma, these kinds of problems are not going to help. back to you. uma: absolutely. thank you, rick. jon: right now what we know about the killing of four americans in libya including our ambassador, well, all of that is changing. a top u.s. intelligence official now saying the assault on our consolation in -- consulate in benghazi was a terror attack, and intel sources also telling fox news they are convinced the attack was directly tied to

al-qaeda with a former gitmo detainee potentially involved. in a new column, the national review editor, rich lowry, argues it turns out mitt romney was right about the libya attack. he's the editor of "the national review" and a fox news contributor. you say that when a u.s. embassy gets stormed overseas, when our ambassador is murdered, his body apparently dragged through the streets, that ought to be potent debate for the two people who want to win the office of the presidency unless one of them is barack obama and one of them is mitt romney. what do you mean by that? >> yeah, jon. i think the revelations of the last few days highlight how ridiculous the media hysteria was over this two-line statement that mitt romney issued in the immediate wake of these events. and if you listened to the press, that was the single most important thing happening in the world. some people even thought it ended mitt romney's campaign that he had put out the statement dissenting from what

our embassy in egypt said. and now you have the u.s. ambassador to the u.n. going on all these sunday shows and saying things that three or four days later are being proven to be untrue. and there's been reporting about it, people have been poking holes in it including fox news, but there hasn't been the firestorm and kind of intensity you would see if she was a representative of a republican administration out there on the airwaves saying things that were inherently im34r5uz bl when she -- implausible when she said them. jon: when president obama was running for president, he was saying if we would just talk to our enemies, everything would be hunky dory. what's going on now in the middle east? >> look, i don't want to blame him, or i wouldn't blame any american president for every event in the middle east, but every day what's happening there is a standing rebuke to his theory and his policy when he came into office where he basically believed if he just

showed up in the world and said, hey, i'm not george w. bush, and i'm a nice guy, i really want to get along with you, that would make everything okay. and we have seen stark demonstration that is utterly false, and you can go pretty much country by country in the broader middle east, jon, and we are in a worse situation than we were four years ago. relations with israel are poise onous -- poisonous, iraq is falling in the wrong direction, on and on. jon: and yet this turn about from the administration doesn't seem to be getting much coverage. susan rice going on the sunday shows saying these were spontaneous demonstrations, then you have the head of the national counterterrorism center saying, oh, this was a planned attack on 9/11, and it doesn't seem to be getting much coverage. are the media in the tank for this president? >> yeah. it's astonishing. oh, of course they are. and look, jon, the very least you should have gone out and said is, you know what? we don't know.

we just don't know, we're still investigating. but she was, obviously, desperate to push back on the idea that this might have been a deliberate terror attack in libya, that the u.s. government wasn't prepared for. so she threw out this ridiculous idea it was all just spontaneous protests where people just happened to have rocket-propelled grenades, and they happened to assassinate our ambassador. now you have reports there wasn't even a protest to begin with, that it was an attack right from the beginning, and you have the administration itself, officials from the administration using that phrase they were so desperate to avoid, a terror attack. jon: it should be pointed out that you're not one of these who will back governor romney under any circumstance, you're pretty critical of him for that 47% remark that he made. >> yeah, jon. i think he messed up a couple things, you know? he was talking about three really separate groups. there are about 47% of people who are going to support president obama no matter what, 47% of people who don't pay federal income taxes for various

reasons, and there's about half of the country that receives is some form of government benefit. these are not all the same people, and ity that's one concern -- i think that's one big mistake he made. and i hate the idea of conservatives going down this road suggesting that everyone who doesn't pay federal income taxes must be some sort of quasi-socialist, and we've got to get them paying taxes, or the entire country is going to be lost. a lot of these people are poor, a lot of them are working parents with children who benefit from child tax credits, a lot of them are seniors who have paid tons of taxes their entire working lives and now in different circumstances don't. so i think it's very wise for, um, mitt romney to be out there now saying i'm in favor of the 100%, i want to make things better for everyone and try to convince everyone to support me. jon: all right. rich lowry, the editor of "the national review" and a fox news contributor. thank you. >> thanks very much, jon. uma: checking in on virginia, what voters are looking for in

that key battleground state. plus amazing video as a police officer saves the day. it's unbelievable folks, a real hero today. take a look. i've been a superintendent for 30 some years at many different park service units across the united states. the only time i've ever had a break is when i was on maternity leave. i have retired from doing this one thing that i loved. now, i'm going to be able to have the time to explore something different.

it's like another chapter. so let's talk about coverage. based on this chart, who would you choose ? wow. you guys take a minute. zon, hands down. i'm going to show you guys another chart. pretty obvious. i don't think color matters. pretty obvious. what'sretty obvious about it ? that verizon has the coverage. verin. verizon. we're going to go to another chart. it doesn't really matter how you present it. it doesn't matter how you present it. verizon. more 4g lte coverage than all other networks combined.

uma: well, a fair of police officers stop -- pair of police officers find themselves in the path of an out of control van. the whole incident is caught on police dash cam shortly after those officers arrived at the scene. the van hit the police car on the other side of the road and across the highway median. one officer's injured as he pushes the driver from the first accident out of the way. the van's driver, 24-year-old peter -- [inaudible] was arrested and charged with intoxication and assault and, boy, that video there surely

right place, right time, officer's a hero. good for him. thanks. jon: america's election headquarters now with an inside look for another crucial swing state. today we are talking about virginia. let's take a look at virginia and some of the information available to us. in terms of electoral votes, 13 available in virginia, and they are going to be crucial in this election. when it comes to the economy, the unemployment rate is about 5.9%, especially the suburbs of washington, d.c. are doing very well both in terms of unemployment and the income level. gas prices in virginia, $3.70 a gallon, the number of foreclosures one out of 1189 housing units, that is much better than the national average. since april of 2012 president obama has made seven official campaign visits to the state of

virginia, of course, it's right outside washington d.c. governor romney has made six visits. the real clear politics average of the polls shows a five-point spread between the two candidates. kyle condik says there is one big reason that president obama is so far ahead in the polls in virginia, and it has to do with women. >> yeah. so the president is now up, you know, double digits with women in many of the polls that we've seen including the fox news poll that showed obama seven overall in virginia. and what's interesting is that in that fox news poll, obama is up 13 points with women and one with men which is the exact margin from the exit polls nationally in 2008. what's interesting is that virginia didn't have much a gender gap in 2008.

obama won women by two more points than he won men, but he won both groups. now we're seeing a more pronounced edge for obama among women, romney has a smaller edge among men or even obama is up, so, you know, obama is definitely improving with women, and women make up the majority of the electorate in virginia, so that's pretty helpful to him. jon: but you say that the gender gap, so-called n virginia is twice as big as it is nationally. in other words, the number -- well, the percentage of women who support president obama in virginia is much higher than it is nationwide. why is that, can you explain? >> you know, it's kind of hard to say. i think that as we've seen democrats get a little bit more excited, even a place like virginia, that sort of gender gap is sort of showing up because women are kind of more of a democratic constituency than men are. there's also been a lot of troifersz in virginia on 2012 on the state issue in women's

health issues and the legislature. pretty far darn compared with economic security and when you hook at the president's record and joblessness and economy as a whole, is it just because the state of virginia is doing so much better economically than the rest of the nation? >> i think that might be part of it. and look, i mean virginia was a pretty good state for the president in 2008. i think with we've seen nationally the president is on kind of a bounce from his convention and so the president is up three or four points nationally, and those, that lead sort of trickles down to the states so it is not a surprise to see obama also up in virginia by 4 1/2 points now. whether that, you know, remains the case or not, we'll see in a couple of weeks here but certainly in begin in virginia and

presidential race as a whole, would rather be the president rather than romney but that doesn't necessarily mean the race is over. jon: kyle at the university of virginia, one of the most beautiful college campuses in the country. kyle, thank you. >> thank you. uma: we have much more ahead on the "fast and furious" investigation, right now the house oversight committee is asking tough questions about the bombshell report released yesterday. the hearing on the botched gun trafficking program is going on right now. we have the latest reaction from senator chuck grassley, the ranking member of the senate judiciary committee. he will be joining us live. >> if you're worried about the guns at the border, then let's have, make it a federal crime to traffic guns. let's make it a crime for to have vast sales of these guns. let's ban assault weapons that aren't used to do anything but kill people. even ragu users chose prego. prego?! but i've bought ragu for years. [ thinking ] woer what other questionable choices i've made?

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jon: a fox news alert. prosecutors today dropped the fight to gain access to james holmes notebook. the notebook that he is said to have sent to a university psychiatrist a university of colorado psychiatrist perhaps the day before he accused of going on the shooting rampage at a movie theater in colorado. he appeared in court not like he does we've seen the video from july.

all the orange heir apparently is gone. also has a short dark beard. prosecutors may try to get that notebook at another time but for now they say they are dropping their attempts to get a look at that notebook. the defense has been arguing that notebook is protected by doctor-patient privilege because the doctor, the psychiatrist, had seen holmes on one previous occasion. we'll keep you updated. uma: republicans are pointing to the watchdog report on "fast and furious", the bungled gun trafficking investigation which resulted in the death of u.s. border patrol agent brian terry as a sign of incompetence in the obama administration. the justice department inspector general giving testimony today on capitol hill confirming there were clear failures. >> the fact that the deputy director could see the need for an exit strategy in march of 2010 and not receive it and review it until 2011 i think speaks

volumes about what happened here in terms of failures of oversight. uma: iowa senator charles grassley is the ranking republican on the judiciary committee. welcome. great to have you here today, sir. >> glad to be with you, uma. uma: let me ask you this. do you think this is the first step in restoring public faith and confidence back in the justice department and does it go far enough? >> will it's going to go a long ways particularly from the standpoint of an inspector general who did a pretty good report, very good report, and he showed his independence as he ought to have and i'm sure he had a great deal of political pressure not to say some of the things he did but that is the purpose of an inspector general. when you have transparency, you have accountability, and the more accountability you have, and if this brings accountability to the justice department, obviously it is going to help. uma: i know there were a lot of concerns about the use of executive privilege in this whole investigation. what do you think in terms of the way the report

handled this concern? >> well, first of all, there's some documents at the white house that they didn't even give to the inspector general. now it's one thing to say executive privilege, congress can't have them, but you would think within the executive branch of government it ought to be open and transparent particularly when this president said he would be the most transparent. secondly, there may be some compromise of this second testify privilege already because there were about 300 and some pages, almost 400 pages of stuff that previously had been presumed to have executive privilege, that came with the inspector general's report. so that may be an opening for us. but don't, forget, the house of representatives is pursuing in court review review of executive privilege? i hope that review is, or executive privilege is knocked down because we've got 74,000 pages that we still got to see before we get to the bottom of this and our constitutional responsibility of oversight. uma: i know that you have

stated all of this could have been stopped early on if people had just been able to read those wiretap applications. >> without a doubt. you know, for instance, this report kind of absolves the assistant attorney general lanny brewer of any guilt but he admitted that he lied to us in the february 4th letter when he withdrew it. we also have e-mails from other sources that indicate to us that he knew about this february 4th letter as one indication. then if they had read the wiretaps ahead of time higher up, you know, it would have been pretty darn clear that this thing could have been stopped a long time before brian terry was murdered with two of these guns. uma: what do you think of the fact that we're hearing reports that chairman issa is going to be pressing ahead with a civil suit against eric holder to try to get him to turn over more documents? is that something you're going to support?

>> oh absolutely i'm going to support it because listen, if the president of the united states gets away with 74,000 pages of executive privilege, remember, executive privilege will be supposed to be a client lawyer relationship between the president and his white house staff and goes to 74,000 pages and the justice department, you can see what an abuse of executive authority and executive privilege that that is. we can't let that happen. uma: senator, always great to see you. thank you so much for joining us today with your insights. >> thank you, uma jon: inside election headquarters. tim kane facing off against former senator george allen, the republican candidate. the two locked in a battle for one of the most hotly-contested senate seats in the nation. chief congressional

correspondent mike emanuel is keeping an eye on it live in in klain, virginia. >> hi, jon. this is critical senate race. could affect the balance of power. this seat was once held by republican george allen. it is held by retiring democrat jim webb. let's look at live look of first of three debates in this race held between now and election day. george allen touted his record and suggested his opponent would raise taxes. former governor tim kane tout what he did as virginia governor and bringing new business and infrastructure to northern virginia. this debate comes as we've seen the first movement in polls here which have been basically tied from the start of the campaign. the new "fox news poll" of likely virginia voters has tim kane 47%, george allen, 43%. that can add pressure for allen to do well in the race. a professor breaks it down

this way. >> this is really unusual because both of these candidates are recognized by over 95% of the potential voters. so there's very little give in the electorate. people are really dug in on this race. and as a result, it's very, very likely to be a coattail race. whoever wins the presidential election in virginia is going to get a bonus senate sees for his party. >> reporter: this is george allen's fourth statewide race. this is tim kaine's third statewide race. so these candidates are very well-known to virginia voters. we expect both presidential campaigns, mitt romney's and barack obama's to spend a lot of time, money and energy hire. this race promises to be a fight to the finish. jon? jon: critical decisions to be made in the next seven weeks. mike emanuel, thanks. uma: to another big battleground state. this time ohio. president obama and governor romney are campaigning hard

to win over undecided voters there. what do they think of their choices in this election? mike tobin joins us live from columbus. mike, what is the situation in ohio right now for these candidates? >> reporter: uma, like so much of the country, republicans and democrats are pretty firmly entrenched. so a lot of attention is being paid to that small percentage of undecided voters, three to 7% depending what is poll you look at. what is important to them? here in the rust belt, manufacturing jobs are very important. emphasis by the obama campaign placed on auto bailout is falling flat because the jobs never materialized. >> when i bailout happened i thought it would be like, like a saving for the jobs but it doesn't really pan out that way. there are still, people unmany employed. the unemployment rate didn't really change at all. >> reporter: and it's interesting to see a lot of emphasis placed on foreign

policy with the romney campaign suggesting that the obama administration was not firm enough with china terms of currency manipulation and copying product. therefore their ad campaign is suggesting that ohio jobs were ultimately sacrificed to china. uma? uma: so, mike, is the clear focus now on undecided voters? >> reporter: not entirely. you have the romney campaign going after democrats in the east and southeastern parts of the state and that is because that is coal country. they are suggesting that the obama administration and their green agenda is not friendly to coal jobs. you've got the obama campaign really zero in on women wand women's issues. that is why yesterday natalie portman was brought it to speak in cincinnati. uma? uma: mike tobin, thank you for the update in ohio where we're watching it very closely. thank you. jon: some new intelligence who was behind the deadly attack on our consulate in libya. it comes as a senior counter terrorism official tells congress it was a terror attack. we'll speak live with house

homeland committee chairman peter king. plus, stuck 300 feet in the air for hours. not quite the thrill ride these thrill seekers were seeking. we'll tell you how the amusement park finally got them down. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars. with fifteen grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. jon: for the first time a senior u.s. counterterrorism official calls the deadly attack on the u.s. consulate in libya, an act of terrorism. matthew olsen, director of the national counterterrorism center made the comments after several administration officials described the assault as a, spontaneous act. all of this comes as intelligence sources tell fox news they believe the

attack was the work of al qaeda led by a former guantanamo detainee. let's bring in congressman peter king. he is chairman of the house homeland security committee. the administration stuck so longwith the notion that this attack that killedded our ambassador and three other people came on 9/11 and, you they, and apparently did not involve a whole lot of, you know, street outrage. it was pretty much a directed attack on our embassy. they called it just a spontaneous protest. why, if it was in fact a terror attack, why mask it for so long? >> jon, this was absolutely irresponsible by the administration to have u.n. ambassador going on national television on four or five national shows and insisting this was not a terrorist attack when, at the very least, they had to know at that time that there were terrorist elements involved. and to do that makes, first

of all send as sign of weakness to our enemies. it send a confusing signal to our allies. the only rationale for it, and incluesable, that the obama administration wants us to think that the war against terrorism is over and that the president's policies have work and and we have nothing to worry about from al qaeda. that was dangerous and wrong and i commend matt olsen saying yesterday at the homeland security committee. jon: this qumu, the guy that is supposed leader of the attack was a guy we had in custody at guantanamo bay and released him. >> we knew, in fact i had testimony in my committee about a year and a half ago about his activities in eastern libya. how active he was and we knew that al qaeda is in that area. we knew al qaeda affiliates, ansar al sharia are in that area. we knew there were a number of al qaeda militias were in

the area. for the administration to ignore all that and say this was because a showing of porn graphic video of about mohammed is disgraceful. if they believed what they were saying at time that is worse. that means they were totally incompetent. they were attempting to use it for political purposes to show the administration is on top of the war on terrorism and that al qaeda is defeated. either way they acted wrong, irresponsibly and can do damage to our foreign policy by encouraging our enemies. jon: just breaking from the reuters newswires as we've been speaking congressman is word from the white house. the white house says it is self-evident that the benghazi violence was a terror attack. our bill hemmer was speaking with ben la bolt, the press spokesman for the president's campaign, not the white house but the campaign, whether the president would be addressing this, i guess controversy, these confusing statements.

here's what ben la bolt said to bill hemmer. >> well, again the director of the national counterterrorism center yesterday, a career national security official, shared with the american people the information that we have about this situation. >> i understand that -- >> we're not going to engage in speculation like governor romney. >> everybody watching this, everybody watching knows that president obama is the commander-in-chief. it is his job. will he address the american people and clear up these stories? >> well, listen, the administration testified before congress yesterday and shared the information that we have at this time. jon: so if our embassy is attacked on 9/11 and, you know, is there, i guess is the administration, have they been avoiding to this point calling it a terror attack because they don't want the blame for having this kind of an attack fall

on their watch? >> yeah. i think that is what it is all about. they were spreading false information to the american people and to the world during a presidential campaign, spreading false information to cover the president's record against terrorism. and they knew it was wrong. they had to know it was wrong to go out as early as they did. the irony is, that president obama was pontificating last week accusing governor romney of speaking before he knew all the facts. so now, what the president and his administration have done, what the u.n. ambassador done, jay carney, spokesman for the administration, for four or five days they told a false story to the american people. they can't deny it was false because there is no way they could have made a blanket statement this was not a terrorist attack at the time they did that all indicators it was terrorist attack. now they admit it was terrorist attack. this is a dark day for the administration. they handled this terribly, hurts them or helps them politically is almost off to the side. what is significant in a dangerous part of the world

the administration showed it either didn't know what it was talking about or intentionally misleading the american people and the world and that is bad news. that is the wrong thing to do when we have a deadly enemy like al qaeda. jon: a quick question about the blind sheikh, omar abdel rahman. you and a number of republicans wrote the administration they heard it was possible he was considered to be released toward egyptian authorities. this was in connection with the first attack on the world trade center. the white house said it was never under consideration. are you satisfied with that explanation? >> no, i'm not. members of my staff were sold by senior people in law enforcement this is being considered. we don't know if it was or not. we were told by people we have reason to believe it was. that's why we contacted the administration. what we have gotten is not unequivocal answers. the state department says there is no plan and there is no recent contact with the egyptian government. we know president morsi has asked for this in the past. i'm not saying there is current plan. why don't they say there is

no plan? should say one thing, that the blind sheikh will die in an american prison. that is only answer to this and they refuse to give that. jon: the semantics are important. >> yes. jon: congressman peter king from the house homeland security committee. congressman, thank you. >> thank you. jon: "happening now" will be back in just a moment.

uma: well, september is prostate and ovarian cancer awareness month and this year it comes as a federal task force recommends not taking certain tests for early detection. together prostate and ovarian cancer claim 46,000 lives every year. let's bring in dr. marc siegel member of fox news medical a-team and associate professor at nyu langone medical center. dr. siegel, what do people need to know about ovarian cancer at this point? >> uma, the key is whether you have genetic

predisposition. if you don't have genetics we can't screen you. ovarian cancer is asymptomatic. there are no symptoms associated with it. but the good news researchers are looking for ways to look for the disease that it doesn't originate in the ovary and there is markers in the blood. let let's see what the one of the top ovarian researchers in the world has to say on cancer. >> we've been spending a lot of time and.that early detection is good or not good, beneficial or not beneficial when we've losing the real purpose of this study to understand the origin of the disease. >> prostate cancer a totally different situation. in this case we actually have markers to know. something called the psa, the prostate specific antigen. that has come under attack this year. i actually spent some time this past week with a doctor, one of the top surgeons in the country and we know him

here at fox news, in his operating room. he has some opinions about the psa and about how we have to define prostate cancer early in order to be able to do something about it. if the disease is localized, uma, if we find it early enough we may be able to cure the patient especially when they're young. let's hear what dr. samadi has to say about this. >> the truth is the psa is not the best test in the world but that's all we have. for the u.s. task force to come and say this is not a good test, you don't need to get tested you will see a lot of men fall through this crack and end up having their cancer spread. >> so it's all about the future and in the future ovarian cancer will have new ways to detect it. with prostate we're already there. but even with prostate we'll get better imaging studies and better blood tests. >> that is great news. we'll take a break after this of business people like you, things are beginning to get rolling.

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jon: so interesting developments after insisting, well, since sunday morning and even before